An agreement of the parties for the rental of a residential
dwelling unit may be terminated in the following manner:
A. Termination shall be for good cause as defined in §
9.4-10 of this chapter or for violations of the terms of the rental/lease agreement between the parties.
B. The written notice must contain the reasons for the termination and
inform the person receiving notice of the right to make a reasonable
reply.
The notice must be delivered within the following periods of
time:
A. No less than seven (7) calendar days prior to the termination of
the rental agreement for any failure to pay rent or other payments
required by the agreement.
B. No less than three (3) calendar days prior to the termination of
the rental agreement for nuisance, serious injury to property or injury
to persons. In situations in which there is an emergency, such as
a fire or condition making the dwelling unsafe or uninhabitable, or
in situations involving an imminent or serious threat to public health
and safety, the notice may be made in a period of time which is reasonable
given the situation.
C. No less than fourteen (14) calendar days in all other situations.
A tenant may be evicted for the following:
A. Nonpayment of rent for two (2) consecutive months or for three (3)
months out of any five-month period;
B. Chronic late payment of rent, which means paying rent after the due
date on three or more occasions during the rental period;
C. Nuisance, intentional or reckless damage, destruction or injury to
the premises or other property of the landlord or to property of other
tenants;
D. Disturbing or interfering with another tenant's right to quiet
enjoyment of a dwelling unit or premises; or
E. Occupation of any premises without permission.
After notice to quit is served upon a tenant, the landlord and
tenant may engage in discussions to avoid an eviction proceeding and
to settle the issues between the parties. An agreement to enter into
discussions will not affect the legal rights of the parties.
Except by mutual consent of the parties, no landlord may compel
a tenant to vacate any residential rental unit in a forceful fashion
or way which causes a breach of the peace without giving notice to
quit and obtaining a Tribal Court order as provided in this chapter.